New Zealand Acts

DOG CONTROL ACT 1996 - SECT 70

70 Custody of dog removed for barking

1 Every dog removed under section 56 shall be kept in custody and given proper care and exercise, whether in the facilities provided under section 67 or otherwise but, except as provided in subsection (7) of this section, nothing in section 69 shall apply to the dog.

2 The owner of any dog which is, for the time being, kept in custody under subsection (1) may apply at any time to the territorial authority for the return of the dog.

3 Where application is made under subsection (2) and the territorial authority is satisfied the return of the dog will not result in a resumption of the nuisance, the territorial authority shall, subject to subsection (6), return the dog.

4 Any person who has sought the return of a dog under subsection (2) and is dissatisfied with the decision of the territorial authority may appeal to the District Court against that decision, and the District Court, in hearing the appeal, shall consider the matters specified in subsection (3) and any submission by the territorial authority in support of its decision and may uphold that decision or order the return of the dog.

5 Subject to subsection (6), unless a dog is earlier returned pursuant to subsection (3) or subsection (4), the territorial authority shall keep the dog in custody until such time as it is satisfied—

a) that proper provision in relation to the dog has been made on the property specified in the notice issued under section 55 ; or

b) that the owner has made arrangements for the dog to be kept on a property other than the property from which it was removed.

6 Where the territorial authority has, under section 68(1)(b) , set fees for the sustenance of impounded dogs, the territorial authority may apply those fees to the sustenance of any dog kept in custody under this section and may require the payment of those fees before any dog is returned under subsection (3) or subsection (5) or, unless the District Court orders otherwise, subsection (4).

7 In any case where—

a) the notice under section 55 has not been complied with within 7 days of a conviction under subsection (7) of that section; or

b) the territorial authority requires fees under subsection (6) to be paid before any dog is returned, and those fees have not been paid within 7 days of the receipt by the owner of written notice that the dog will be returned upon payment of those fees,—

the territorial authority may dispose of the dog in the manner authorised by section 69 , and subsections (4) to (6) of that section shall apply as if the dog had been disposed of under that section.

History: Section 70(1): amended, on 28 June 2006, by section 24 of the Dog Control Amendment Act 2006 (2006 No 23).   Section 70(4): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).